What it changes

1 change to S. 1197 · shown in the bill's text

Adds a section
  1. Adds Subtitle D--Imposition of Sanctions With Respect to Syria SEC. 1241. DEFINITIONS at the end of title XII

    Adds a section

    In S. 1197 · Placed on Calendar Senate

    (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

    Inserted: Subtitle D--Imposition of Sanctions With Respect to Syria SEC. 1241. DEFINITIONS.

    Inserted: In this subtitle:

    Inserted: (1) Account; correspondent account; payable-through account.--The terms "account", "correspondent account", and "payable-through account" have the meanings given those terms in section 5318A of title 31, United States Code.

    Inserted: (2) Appropriate congressional committees.--The term "appropriate congressional committees" means--

    Inserted: (A) the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

    Inserted: (B) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives.

    Inserted: (3) Defense article; defense service.--The terms "defense article" and "defense service" have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

    Inserted: (4) Foreign financial institution.--The term "foreign financial institution" has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)).

    Inserted: (5) Person.--The term "person" means an individual or entity.

    Inserted: (6) Petroleum.--The term "petroleum" includes crude oil and any mixture of hydrocarbons that exists in liquid phase in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities.

    Inserted: (7) Petroleum products.--The term "petroleum products" includes unfinished oils, liquefied petroleum gases, pentanes plus, aviation gasoline, motor gasoline, naptha-type jet fuel, kerosene-type jet fuel, kerosene, distillate fuel oil, residual fuel oil, petrochemical feedstocks, special naphthas, lubricants, waxes, petroleum coke, asphalt, road oil, still gas, miscellaneous products obtained from the processing of crude oil (including lease condensate), natural gas, and other hydrocarbon compounds.

    Inserted: (8) Syrian financial institution.--The term "Syrian financial institution" means--

    Show 30 more inserted paragraphs

    Inserted: (A) a financial institution organized under the laws of Syria or any jurisdiction within Syria, including a foreign branch of such an institution;

    Inserted: (B) a financial institution located in Syria;

    Inserted: (C) a financial institution, wherever located, owned or controlled by the Government of Syria; and

    Inserted: (D) a financial institution, wherever located, owned or controlled by a financial institution described in subparagraph (A), (B), or (C).

    Inserted: (9) United states person.--The term "United States person" means--

    Inserted: (A) a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); and

    Inserted: (B) an entity that is organized under the laws of the United States or a jurisdiction within the United States.

    Inserted: SEC. 1242. IMPOSITION OF SANCTIONS WITH RESPECT TO SELLING, TRANSFERRING, OR TRANSPORTING DEFENSE ARTICLES, DEFENSE SERVICES, OR MILITARY TRAINING TO THE ASSAD REGIME OF SYRIA.

    Inserted: On or after the date that is 30 days after the date of the enactment of this Act, the President may impose sanctions from among the sanctions described in section 1245 with respect to any person that the President determines has, on or after such date of enactment, knowingly participated in or facilitated a significant transaction related to the sale, transfer, or transportation of defense articles, defense services, or military training to the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government.

    Inserted: SEC. 1243. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS PROVIDING PETROLEUM OR PETROLEUM PRODUCTS TO THE ASSAD REGIME OF SYRIA.

    Inserted: On or after the date that is 30 days after the date of the enactment of this Act, the President shall impose the sanction described in paragraph (5) of section 1245 and 2 or more of the other sanctions described in that section with respect to each person that the President determines has, on or after such date of enactment, knowingly participated in or facilitated a significant transaction related to the sale or transfer of petroleum or petroleum products to the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government.

    Inserted: SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO CONDUCTING CERTAIN FINANCIAL TRANSACTIONS WITH THE CENTRAL BANK OF SYRIA OR ANOTHER SYRIAN FINANCIAL INSTITUTION.

    Inserted: (a) In General.--The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly conducted, on or after the date of the enactment of this Act, a significant transaction with the Central Bank of Syria or another Syrian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) related to the sale of defense articles to--

    Inserted: (1) the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government; or

    Inserted: (2) any person added after April 28, 2011, and before the date of the enactment of this Act, to the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury in connection with the conflict in Syria.

    Inserted: (b) Humanitarian Exception.--The President may not impose sanctions under this section with respect to any person for the provision of agricultural commodities, food, medicine, or medical devices to Syria or the provision of humanitarian assistance to the people of Syria.

    Inserted: SEC. 1245. SANCTIONS DESCRIBED.

    Inserted: The sanctions the President may impose with respect to a person under sections 1242 and 1243 are the following:

    Inserted: (1) Export-import bank assistance.--The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the person.

    Inserted: (2) Procurement sanction.--The President may prohibit the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the person.

    Inserted: (3) Arms export prohibition.--The President may prohibit United States Government sales to the person of any item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)) and require termination of sales to the person of any defense articles, defense services, or design and construction services under that Act (22 U.S.C. 2751 et seq.).

    Inserted: (4) Dual-use export prohibition.--The President may deny licenses and suspend existing licenses for the transfer to the person of items the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations.

    Inserted: (5) Blocking of assets.--The President may, pursuant to such regulations as the President may prescribe, block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

    Inserted: (6) Visa ineligibility.--In the case of a person that is an alien, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, the person, subject to regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations.

    Inserted: SEC. 1246. WAIVERS.

    Inserted: (a) General Waiver Authority.--The President may waive the application of section 1242, 1243, or 1244 to a person or category of persons for a period of 180 days, and may renew the waiver for additional periods of 180 days, if the President determines and reports to the appropriate congressional committees every 180 days that the waiver is in the vital national security interests of the United States.

    Inserted: (b) Waiver for Humanitarian Needs.--The President may waive the application of section 1243 to a person for a period of 180 days, and may renew the waiver for additional periods of 180 days, if the President determines and reports to the appropriate congressional committees every 180 days that the waiver is to necessary to permit the person to conduct or facilitate a transaction that is necessary to meet humanitarian needs of the people of Syria.

    Inserted: (c) Form.--Each report submitted under subsection (a) or (b) shall be submitted in unclassified form but may include a classified annex.

    Inserted: SEC. 1247. SENSE OF CONGRESS ON SANCTIONS.

    Inserted: It is the sense of Congress that the President should work closely with allies of the United States to obtain broad multilateral support for countries to impose sanctions that are equivalent to the sanctions set forth in this subtitle under the laws of those countries.

    Original wording

    At the end of title XII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2188. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

Subtitle D--Imposition of Sanctions With Respect to Syria SEC. 1241. DEFINITIONS.

In this subtitle:

(1) Account; correspondent account; payable-through account.--The terms “account”, “correspondent account”, and “payable-through account” have the meanings given those terms in section 5318A of title 31, United States Code.

(2) Appropriate congressional committees.--The term “appropriate congressional committees” means--

(A) the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives.

(3) Defense article; defense service.--The terms “defense article” and “defense service” have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

(4) Foreign financial institution.--The term “foreign financial institution” has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)).

(5) Person.--The term “person” means an individual or entity.

(6) Petroleum.--The term “petroleum” includes crude oil and any mixture of hydrocarbons that exists in liquid phase in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities.

(7) Petroleum products.--The term “petroleum products” includes unfinished oils, liquefied petroleum gases, pentanes plus, aviation gasoline, motor gasoline, naptha-type jet fuel, kerosene-type jet fuel, kerosene, distillate fuel oil, residual fuel oil, petrochemical feedstocks, special naphthas, lubricants, waxes, petroleum coke, asphalt, road oil, still gas, miscellaneous products obtained from the processing of crude oil (including lease condensate), natural gas, and other hydrocarbon compounds.

(8) Syrian financial institution.--The term “Syrian financial institution” means--

(A) a financial institution organized under the laws of Syria or any jurisdiction within Syria, including a foreign branch of such an institution;

(B) a financial institution located in Syria;

(C) a financial institution, wherever located, owned or controlled by the Government of Syria; and

(D) a financial institution, wherever located, owned or controlled by a financial institution described in subparagraph (A), (B), or (C).

(9) United states person.--The term “United States person” means--

(A) a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); and

(B) an entity that is organized under the laws of the United States or a jurisdiction within the United States.

SEC. 1242. IMPOSITION OF SANCTIONS WITH RESPECT TO SELLING, TRANSFERRING, OR TRANSPORTING DEFENSE ARTICLES, DEFENSE SERVICES, OR MILITARY TRAINING TO THE ASSAD REGIME OF SYRIA.

On or after the date that is 30 days after the date of the enactment of this Act, the President may impose sanctions from among the sanctions described in section 1245 with respect to any person that the President determines has, on or after such date of enactment, knowingly participated in or facilitated a significant transaction related to the sale, transfer, or transportation of defense articles, defense services, or military training to the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government.

SEC. 1243. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS PROVIDING PETROLEUM OR PETROLEUM PRODUCTS TO THE ASSAD REGIME OF SYRIA.

On or after the date that is 30 days after the date of the enactment of this Act, the President shall impose the sanction described in paragraph (5) of section 1245 and 2 or more of the other sanctions described in that section with respect to each person that the President determines has, on or after such date of enactment, knowingly participated in or facilitated a significant transaction related to the sale or transfer of petroleum or petroleum products to the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government.

SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO CONDUCTING CERTAIN FINANCIAL TRANSACTIONS WITH THE CENTRAL BANK OF SYRIA OR ANOTHER SYRIAN FINANCIAL INSTITUTION.

(a) In General.--The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly conducted, on or after the date of the enactment of this Act, a significant transaction with the Central Bank of Syria or another Syrian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) related to the sale of defense articles to--

(1) the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government; or

(2) any person added after April 28, 2011, and before the date of the enactment of this Act, to the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury in connection with the conflict in Syria.

(b) Humanitarian Exception.--The President may not impose sanctions under this section with respect to any person for the provision of agricultural commodities, food, medicine, or medical devices to Syria or the provision of humanitarian assistance to the people of Syria.

SEC. 1245. SANCTIONS DESCRIBED.

The sanctions the President may impose with respect to a person under sections 1242 and 1243 are the following:

(1) Export-import bank assistance.--The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the person.

(2) Procurement sanction.--The President may prohibit the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the person.

(3) Arms export prohibition.--The President may prohibit United States Government sales to the person of any item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)) and require termination of sales to the person of any defense articles, defense services, or design and construction services under that Act (22 U.S.C. 2751 et seq.).

(4) Dual-use export prohibition.--The President may deny licenses and suspend existing licenses for the transfer to the person of items the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations.

(5) Blocking of assets.--The President may, pursuant to such regulations as the President may prescribe, block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(6) Visa ineligibility.--In the case of a person that is an alien, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, the person, subject to regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations.

SEC. 1246. WAIVERS.

(a) General Waiver Authority.--The President may waive the application of section 1242, 1243, or 1244 to a person or category of persons for a period of 180 days, and may renew the waiver for additional periods of 180 days, if the President determines and reports to the appropriate congressional committees every 180 days that the waiver is in the vital national security interests of the United States.

(b) Waiver for Humanitarian Needs.--The President may waive the application of section 1243 to a person for a period of 180 days, and may renew the waiver for additional periods of 180 days, if the President determines and reports to the appropriate congressional committees every 180 days that the waiver is to necessary to permit the person to conduct or facilitate a transaction that is necessary to meet humanitarian needs of the people of Syria.

(c) Form.--Each report submitted under subsection (a) or (b) shall be submitted in unclassified form but may include a classified annex.

SEC. 1247. SENSE OF CONGRESS ON SANCTIONS.

It is the sense of Congress that the President should work closely with allies of the United States to obtain broad multilateral support for countries to impose sanctions that are equivalent to the sanctions set forth in this subtitle under the laws of those countries.

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Senate amendment submitted

November 19, 2013